Case law
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Division and case type: Milimani Commercial CourtsCriminal Appeal
…The accused on the same day unlawfully armed himself with a submachine gun and a self loading pistol. 5.…
…(c) He told Senior Private Edwin Kimutai Maritine that the pass word for the unlawful operations was “NAIROBI – KENYA” (d) He unlawfully patrolled the streets of Nairobi.…
Division and case type: Milimani Commercial CourtsCivil Case
…By doing so I believe I am satisfying 3 of Mr Munenes claims which he categorized as follows:- (1) Unlawful acquisition of LR 219/16 (2) Trespass (3) Breach of an agreement to offer to exchange land for Land Acquired.…
…Particulars of this claim which is alleged to have arisen from the unlawful refusal or neglect of the defendants to approve of the plaintiffs development plans for the said plot, are set out in Paragraph 10 of the Amended…
Division and case type: CivilCivil Appeal
…As stated in Constitutional and Administrative Law, ECS Wade and AW Bradley, (10th Edn, 1985 pp 660 - 661): “An injunction may be claimed against a public authority or official, to restrain unlawful acts which are threatened…
…or are being threatened, for example to restrain unlawful interference with private rights or to restrain ultra vires action such as improper expenditure of local funds”.…
Division and case type: CivilCivil Case
…By a plaint filed on 9th July, 1987 the plaintiffs pray for the reliefs set out afore and add a prayer for damages for unlawful sale and purported disposal of the plaintiffs’ property.…
…Further still, if the sale was unlawful the plaintiffs pray for damages arising thereunder.…
Division and case type: CriminalCriminal Appeal
…Buch) charged with the offence of “being a member of unlawful society contrary to section 6(a) of the Societies Act.”…
…reasonable cause to believe that the said Mwakenya was unlawful society.…
Division and case type: CivilCivil Case
…By doing so I believe I am satisfying 3 of Mr Munenes claims which he categorized as follows:- (1) Unlawful acquisition of LR 219/16 (2) Trespass (3) Breach of an agreement to offer to exchange land for Land Acquired.…
…Particulars of this claim which is alleged to have arisen from the unlawful refusal or neglect of the defendants to approve of the plaintiffs development plans for the said plot, are set out in Paragraph 10 of the Amended…
Division and case type: CriminalCriminal Appeal
…He mentions that he had made a lawful arrest and it was necessary to first establish that his initial arrest of the complainant and his companion was unlawful or baseless.…
…It was therefore wrong to charge him with the offence of unlawful confinement as the charges which he had preferred against the complainant were not pursued or investigated.…
Division and case type: CivilCivil Case
…In my ruling aforesaid, I found that the distress was unlawful and that possession was equally unlawful. I believe I was right. However, the applicant has an undoubted right of appeal. This is not the last court.…
Division and case type: CivilCivil Case
…Though the parties did not frame any issues it is clear from the pleadings that the two major issues for determination by this court are: (i) Whether the alleged arrest and imprisonment of the plaintiff was unlawful and the…
…Was the alleged arrest and imprisonment of the plaintiff unlawful and the prosecution that followed malicious?…
Division and case type: CivilCivil Case
…Interlocutory judgment was entered for the plaintiff for a declaration that the seizure and impounding of the plaintiff’s motor vehicle registration No KUT 264 by the defendant was unlawful and without due process.…
…The result is that the defendant is regarded to have admitted it wrongfully, unlawfully and without due process of the law impounded the plaintiff’s motor vehicle from a parking lot in the city.…
Division and case type: CivilCivil Case
…The plaintiffs who were not only members of the Chamber but also of the Governing Council, claim in their plaint that they were unlawfully expelled from the Chamber by its Governing Council at its meeting held on 16.2.90…
…In the alternative, the plaintiffs sought damages for their unlawful expulsion.…
Division and case type: CriminalCriminal Appeal
…Criminal Case No 2887 of 1992 of the Chief Magistrate’s Court at Nairobi B Ochieng Esq) JUDGMENT The appellant, Layson Tembo, was convicted by the learned Chief Magistrate, Nairobi, on his own plea of guilty for offence of unlawful…
Division and case type: CivilCivil Case
…She contends that her employment was unlawful and in breach of her contract of service with the Defendant. She further contends that the Defendant defamed her in various notes and memoranda addressed to her.…
…From what I have outlined above, I hold the view that what the Defendant did was arbitrary and unlawful.…
Division and case type: CivilCivil Case
…264; Freem KB 137; 30 digest 501, 1594), according to which “A dispensation or licence property passeth no interest, nor alters or transfers property in anything but only makes an action lawful which without it had been unlawful…
…In the result I dismiss prayer ‘c’ of the plaint in respect of the alleged “unlawful premature termination of the agreement” with costs. Delivered this 6th day of April, 1989, RAUF JUDGE…
Division and case type: CivilCivil Case
…In the plaint she prays for an injunction, an order that the 2nd (plaintiff / defendant (respondent ) all house goods seized, and general damages for trespass and unlawful detention of the goods.…
…If no rent was owing at the time of distress then the levying of distress would be unlawful or at least excessive and court should stop the sale of the seized goods pending the determination of the lawfulness or otherwise…
Division and case type: CivilCivil Case
…It was unlawful killing and they must be liable.…
Division and case type: CivilCivil Suit
…The plaintiff has proved that his dismissal was unlawful and he is therefore entitled to damages. Counsel for the plaintiff has put out a formula upon which he wants the damages due to the plaintiff assessed.…
Division and case type: CivilCivil Suit
…On the issue that the plaintiff was an unlawful passenger this does not arise as at the time of the accident the plaintiff was outside the vehicle and was not a passenger at the material time.…
Division and case type: CivilCivil Appeal
…He deponed that if any building approvals were obtained from inter alia the 4th Respondent, it was done unlawfully, improperly and irregularly since the 3rd Respondent who purports to from the rights of the 1st and 2nd Respondents…
…Counsel further noted that the 3rd Respondent had admitted to undertaking the construction works on the suit property without rst obtaining the development permissions, which is unlawful under the Act and constitutes a crime…
Division and case type: CivilCivil Case
…He deponed that if any building approvals were obtained from inter alia the 4th Respondent, it was done unlawfully, improperly and irregularly since the 3rd Respondent who purports to from the rights of the 1st and 2nd Respondents…
…Counsel further noted that the 3rd Respondent had admitted to undertaking the construction works on the suit property without rst obtaining the development permissions, which is unlawful under the Act and constitutes a crime…